S.U. Khan, J. - (1.) This is landlord's writ petition arising out of eviction/release proceedings initiated by him against tenant respondent No. 3 Israr Elahi on the ground of bonafide need under Section 21 of U.P. Act No. 13 of 1972 in the form of R. C. Case No. 7 of 1995 on the file of Prescribed Authority/Civil Judge (S.D.), Kerana Muzaffar Nagar. Prescribed Authority through judgment and order dated 4.5.1996, dismissed the release application. Against the said judgment and order landlord petitioner filed Rent Control Appeal No. 26 of 1996. VII Additional District Judge, Muzaffar Nagar through judgment and order dated 25.8.2000, dismissed the appeal hence this writ petition.
(2.) Property in dispute is a shop rent of which is Rs. 350/- per month.
(3.) In the release application, it was stated that in the open space behind the shop in dispute, landlord petitioner intended to construct his house and at the place of shop in dispute, he would construct stair case, gallery and septic tank; and that there was no stair case for going to the roof of the shop in dispute and the adjoining shops, which also belonged to the petitioner. Alternative shop was also offered by the landlord.;